Fly Tipping and the Law

What is the legislation regarding fly-tipping?

Fly-tipping waste is illegal and therefore if you fly-tip you are committing a serious offence and can be prosecuted. There are several pieces of legislation relating to flytipping. In England, Wales and Scotland, the main legislation is the Environmental Protection Act 1990 (EPA 1990), Sections 33, 34 and 59. In Northern Ireland, the main powers are held in the Waste and Contaminated Land (Northern Ireland) Order 1997, Article 5 and the Pollution Control and Local Government (Northern Ireland) Order 1978, Article 5.

Fly-tipping fines are up to £20,000 and/or six months’ imprisonment. Fines are unlimited if the case goes to the Crown Court, and up to two years’ imprisonment, and up to five years if hazardous waste is dumped. It is also an offence to permit or authorise fly-tipping on land where a Waste Management Licence is not held.

Where fly-tipping involves the use of a vehicle, the driver can be prosecuted, as can the owner of the vehicle. The police have powers to seize vehicles used for fly-tipping.

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